Monday, December 2, 2013

A Good Statement of the Standard for Pleading Fraud

Moncada v. West Coast Quartz Corp., No. H03728 (D6 Nov. 22, 2013)

This is a fact-intense 2-1 opinion that reverses a trial court’s order granting of a demurrer on a number of causes of action. There’s not much of procedural interest, although the opinion does provide a particularly clear sound bite on the heightened pleading requirement for fraud: “Every element of a fraud cause of action must be specifically pleaded. This pleading requirement of specificity applies not only to the alleged misrepresentation, but also to the elements of causation and damage.” (citations omitted). That’s a good quotable that will likely work its way into many a demurrer brief.

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